The Major Impact of Minor Changes

Since February 2021, tenants have the right to request to make minor changes to the property they rent with landlords not able to decline if the change is minor.

This begs the question as to what is considered a 'minor' change. Over the past couple of years there have been a number of tests of the definition resulting in some clarity provided by tenancy tribunal outcomes.

Tenancy services states a few examples of what should be considered as minor changes:

  • curtains replacing corded blinds

  • visual fire alarms and doorbells

  • baby-proofing, e.g. a baby gate, cord tensioners or cord cleats for corded blinds

  • earthquake-proofing, e.g. securing a bookshelf to the wall.

They also advise minor changes can be defined as one or more of the following:

  • has a low risk of damage to the property

  • can be easily reversed (property can be returned to substantially the same condition)

  • doesn’t pose a risk to health and safety

  • doesn’t compromise the structural integrity, weathertightness or character of the property

  • doesn’t affect anyone’s enjoyment or use of the property

  • doesn’t require regulatory consent

  • doesn’t breach any regulatory rules.

A tenant should request to make a minor change in writing to the landlord, which triggers a 21 day timeline for the landlord to respond to the request. The legislation requires that the landlord cannot decline a minor change but can stipulate reasonable conditions around approval, such as reinstating the property to substantially the same condition as it was before the change was made.

There have been some more interesting outcomes at the tenancy tribunal with one recent ruling stating that installing a spa pool was considered a minor change, despite it being installed without the prior approval or consent from the landlord.

As with most things, proactive communication from both sides is key to minimising disputes around any changes that are made to the property. Routine inspections also play a key role in checking for any changes or alterations that may have been made.

If you need guidance on any of the above, get in touch with one of the team today to find out more!

James Moran